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Home My WebLink AboutWZ-94-1`~I ~~ s~ The Clty of ' Wheat ADMINISTRATIVE PROCESS APPLICATION ~Ridpre Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO .80033 Phone (303) 237-Fgaa Applicant Linda & Cal Cummin s Address 15485 W.44th Ave. ~n)~P.,~ rn Rnan~ Phone 277_9848 Owner George Johnston Addres's~22 Pine Ridge Road Evergreen. CO 80439phone,480-5390 Location of request 4217. Xenon St. NW corner of W 42nd Ave and Xenon St. Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request A re oning to Restricted Commercial (RC) to allow for professional office building List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Sam Flohr 1 Mornin side Drive, Wheat Ridge,CO 232-1868_ . i certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above,' without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit po er-of-attorney from the owner which approved of this action on his beh Signature of Applicant S , Subscribed and s rn t this .Z day of MA~2G)-f lg q~ N ary P lic SEAL My commission expires a-(7-g Date Received ,~ - ~ - % Receipt No.~~,Q~J Case No. ~ t- ~ ~"` tl 29TH AVENUE CO 80 034-06 3 8 City Admin. Fax # 234-5924 January 31, 1994 - ~~~ (303) 234-5900 Police Dept. Fax # 235-2949 ~~ The City of _~Wheat Ridge The Wheat Ridge Department of Community Development has received_a recuest for -approval of 'a rezoning from Agricultural-Two to Restricted-Commerciah-: ' at_ the.,property described below. Your response to the following questions and any comments .on this proposal. would be appreciated by Februarv 14, 1994 No response from you by this _ date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-1/Cummings LOCATION: 4217 Xenon Street REQUESTED ACTION: Rezoning from A-2 to R-C and site plan review within the Fruitdale Valley Master Plan area PURPOSE: Construction of 3200 square foot office building APPROXIMATE AREA: .71 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should~a~f~f~ec~tO~a~~peproval of this request? Please reply to:~/~~c.!/~rir~~ rrt_ RP~kPrt Department of Planning & Development DISTRIBUTION: XXWater District ( Valley )- XXSanitation District (Fruitdal~ XXFire District (Arvada ) Adjacent City ( ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCI of Colorado Jefferson Co. Health Dept. ..Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform is x„~~+~•i r.,r,~, ~._~ . ~~ •• 1S NON3X ~~ _ ~ 3 , ~~~ .. '~ ~~ >-„~-~ . .. L~O $, ~~~ o u _ ~A N i ~ ~_ ,~~~ ~ 0 ~. N ~, \ 1-- . ~-~- _ .1 .~ , .`a~ ~ x ~ y ~J ~. a z ~. ~ ~~, ,\ \~ { ~ ~ `~ ... ~~ '~. lV I z F D 0 0TF N ~~ W Q N ~- u-~ ~ I ~~ ~_ O tr (~ ~~, V M M d L ~ ,Q Q V ~~~~ ~~ Public Service= February 14, 1994 ~~:..,.,. ~.~~~r CfT'~ a. •~- '~18LIG zr,..... _.. ~. ~ i,~~rT The City of Wheat Ridge 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company acknowledges receipt of Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-4114 Cummin s WZ-94-1 - Project Title We have examined the proposed plot plan of project. We have no conflict at this time. If you have any questions regarding the please contact me on 571-3735. ~~~ ~~~ Teresa Wilson TW:lm the above-captioned above subject matter, 6 `~ 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 -._ City Admin. Fax # 234-5924 CITY OF WHEAT ru I- L _!.!1 LtJ1 D FE8 1 ~: 1991 (303) 234;5900 The Crty of Wheat N January 31, 1994 M H The Wheat Ridge Department of Community Development has received a request for pproval of a rezoning from Agricultural-Two to Restricted-Commercial at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by FPhruar 14, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-1/Cummings j LOCATION: 4217 Xenon Street REQUESTED ACTION: Rezoning from A-2 to R-C and site plan review within the Fruitdale Valley Master Plan area PURPOSE: Construction of 3200 square foot office building I ~ ~ ~.~. APPROXIMATE AREA•/71 acre 1. Are public fac` ilities or services provided by your--agency adequate to serve t s development? YES NO If "NO", please explain below. 2. Are. service lines available to the development? 6 ~,rVIGL° (IKL° YES NO-~- If "NO", please explain below~~ ~~ GYhy ~ f^'i W~GY. t v47 i Gc~y-2 t~'~d'tti5 ~.(D i (~~ B~ f~' rO'~ • 3. Do yo~u'h adequate capa sties to sere ce the development? YES r NO If "NO", please explain below. 4. Can and wour agency service this proposed development subject to DISTRIBUTION: XXWater District ( Valley ) XXSanitation District (Fruitdal~ ~{~{Fire District (Arvada ) Adjacent City ( ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCI of Colorado your rul and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has'identi£ied which would or should affect approval of this request? Please reply to:/~~~~ rK_ uPnkPrt Department of Planning & Development Cs n., ,. n~d r„~W, -. XX Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office. W R Police Dept. W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform 7500 WEST 29TH AVENUE ~~~ P.O. BOX 638 WHEAT RIDGE. CO 800340638 City Admin. Fax # 234-5924 Police Dept. Fax # January 31, 1994 F o ~NEgT ~i The City of ~-> ~ O~ Wheat ~ r,, ,-- m Ridge coco~po° The Wheat Ridge Department of Community Development has received a reouest for __approval of a~rezoning from Agricultural-Two to Restricted-Commercial ' at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by February 14, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: Wz-94-1/Cummings LOCATION: 4217 Xenon Street REQUESTED ACTION• Rezoning from A-2 to R-C and site plan review within the • Fruitdale Valley Master Plan area PURPOSE: Construction of 3200 square foot office building APPROXIMATE AREA: .71 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO X If "NO", please explain below. Increased size of water lines and additional fire hydrants will be required to meet AFPD requirements 2. Are service lines available to the development? YES NO X If "NO", please explain below. Water service Line - .. and water tap will be required for pronertg 3. Do you have adequate capacities to service the development? YES_~ NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affec~t~~a~pproval~~Y~oL.£~this request? Please reply to:/~~~~~~'"~/~~'^-"- M_ RPrkart Department of Planning & Development DISTRIBUTION: XXWater District ( Valley ) XXSanitation District (Fruitdal~ X}{Fire District (Arvada ) Adjacent City ( ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCL of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform __ , VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 February 9, 1994 Meredith Reckert City of WYleat Ridge P.O. Box 638 . Wheat Ridge, CO 80034 Dear Meredith: In reference to, your request, attached please find our comments on your project #6dZ-94-1 located at 4217 Xenon Street. If you have any questions, please call me at 424-9661. Sincerely, ~:iM/rv~' GG~t~/~" Robert Arnold District Manager RLA/kmk CITY OF WHtnE~AT RIDGE enclosure D h.~J FEB 11 1994 l~J~1~7 PLANNING & DEVELOPMENT, .. ,~ ,, 7500 WEST 29TH AVENUE - - P.O.BOX 638 - The Clty 01 ,_. ,, WHEAT RfDGE. 60 80034-0638 .. (303) 234-5900 ~ z 7h eat City Admin. Fax # 234-5924 - _ -Police Dept. Fax # 235-2949 " ~/'~~/ idge January 31, 1994 The Wheat Ridge Department of Community Development has received a for _; approval of 'a rezoning from Agricultural-Two to Restricted-Cot a~ ~i+n .Yic~yertiy aescribeCi below. Your response to the following questions and-any .comments ,on this proposal would be appreciated by _February 14 „ 1994 No response from-you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-1/Cummings LOCATION: 4217-Xenon Street REQUESTED ACTION: Rezoning from A-2 to R-C and site plan review within the Fruitdale Valley Master Plan area PURPOSE: Construction of 32Q0 square foot office building APPROXIMATE AREA: .71 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO_ If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should~/a~f~f~ect approval of this request? Please reply tort-</~ nrt Rar1-ar+ Department of Planning & Development DISTRIBUTION: XXWater District ( Valley ) XXSanitation District (FruitdalE) XXFire District (Arvada ) _- Adjacent City ( ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado-Div. of Wildlife XXTCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralforin r, ,~.,,,,~,,~~•,,,w, i • Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422.4569 February 7, 1994 Ms. Meredith Reckert Wheat Ridge Department of Community Development 7900 W. 29th Ave. P.O. Box 638 Wheat Ridge, CO. 80034-0638 RE: Paleoresearch Inc. Facility 12245 W. 42nd Ave. Dear Meredith, ~'TY flF WSic•4T RIDGE FEB Q 9 1994 ~~ PLANNING & OE4ELOPMENT We have reviewed the site plan for this project and have the following comments. 1. Fire protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 6, 6503 Simms St. 2. Fire lames will need to be posted, No Parking Fire Lane with signs that meet City of Wheat Ridge Standards. UFC 91 10.206. 3. The minimum required fire flow for the proposed building will be a minimum of 1,500 gallons per minute. A minimum of one hydrant within 300 feet and a second hydrant within 600 feet will need to be provided. ITFC 91 10.501(a). 4. Water lines and fire hydrants will need to be installed, operational and capable of providing required fire flows prior to above grade construction. DF'C 91 10.502. 5. Zt is my understanding that the existing 4 inch water line in W. 42nd Ave. is to be upgraded to an 8 inch line. Sincerely, Arvad~a -Fire Protection District S~eve Steig e Deputy Fire Marshal ~~ MEMORANDUNt~ Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer DATE: February 2, 1994 SUBJECT: 4217 Xenon Street WZ-94-1/Cummings Public Works has reviewed the submittal of the site plan for the above referenced project, and has the following comments: 1. We will need a drainage study. 2. We will need construction drawings which detail respective frontage improvements (roadway, curb, gutter and walk, storm sewer) as required on Xenon Street and W. 42nd Avenue. GWK cc: Steve Nguyen MILLER ENGINEE•G• ~~~~ & SURVEYING, INC. CIVIL AND LAND DEVELOPMENT ENGINEERING LAND SURVEYING 7950 EAST PRENTICE AVE., SUITE 103 770-2015 770-7272 (FAQ Mr. George Johnston February 6, I994 G. S. Hector Construction 2006 Bryant Street Denver, Colo., 80211 Dear George, ENGLEWOOD, COLORADO 80111 I met this past Friday with Meridith Reckert of the Wheat Ridge Planning Department concerning your property at 42nd and Xenon. From what she indicated to me, you will have to go thru two processes - the rezoning and the platting. You can do these separately or simultaneously. She said the rezoning wi!! not necessarily be a "slam dunk" and you will need a variance on the piece which remains A-2 because it now will be under the one acre minimum, so you would save money in only doing that if it were denied. On the other hand, you would save time by doing both at once. For the rezoning application, I enclose some information regarding requirements on this which you may already have in your possession. TI1e primary item I see in all of that which you would need my ]yelp on is the certified boundary and improvement survey and legal description of the property to be rezoned. Most or all of everything else, you could do yourself with little or no help from me. Our fee for the required survey and legal and a little meeting and consultation time wit11 you and Meridith would be $500.00. If you choose to take a chance and also have the plat done now (or wait and have it done later), it would be a minor subdivision -requiring no drainage study and no street improvement plans at this time (they would be required later when the detailed Site Plan/ Development plan is submitted by the actual developer of the property). Our fee for the Plat document and related meetings, printing charges, etc. would be an additional $500.00 Please keep in mind that either you or the "developer" of the property you are going to heve rezotled will be responsible for street improvements to both 42nd and Xenon, storm drainage improvements (which probably will require detention ponding) and possibly other public improvements -along with the related e:lgireeriag for thse improvements. i did not really get into that in detail with Meridith or the City at this time, but it sounded like it could be fairly significant and fairly costly to whoever has to pay for tlresc improvements. Please let me know how you would like me to proceed., Also, please call either me or Meridith if you have any questions or misunderstandings on my interpretation of the above procedure. Sincerely, (N LLER ENGINEERING & SURVEYING, INC. ~~ v~ ~~ ~ ~~1 Arthur H. Miller, P. E. AHN1/pb AHM-345 .. u VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 March 16, 1994 Meredith Reckert City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dear P?eredith: Attached are our comments on your planning review form for WZ-91- 1/MS-94-1, 4217 Xenon Street. If you have any questions, please call. Sincere/ly~~~~~~^v ° ' G2~w' ~„` Robert Arnold District Manager CITY OF WHEAT RIDGE is"s.~i~ 1 1~~~d ~LANNINf; & 9FVEi n~°MEN7 MEMORANDUM Approved Date ~. /~, TO: Meredith Reckert, Planner II rf' FROM: Greg Knudson, Development Review Engineer , DATE: March 17, 1994 SIISJECT: 4217 Xenon Street/WZ-94-1 Public Works has reviewed the submittal of the site plan for the above referenced project, and has the following comments: 1. We will need a drainage study. 2. We will require money in escrow for one half of the street paving, curb, gutter, sidewalk, drainage improvements and other miscellaneous items related to the street improvements on the property frontage. The City plans to construct West 42nd Avenue next year, including the street section being escrowed for. 3. We will need a 15'x15' triangle for the curb radius and handicap ramp at.the southeast corner of Lot 1. GWK cc: Steve Nguyen, Civil Engineer, a..:: t' f1F ~- j~ 1~`l=#c-~~ 1 ~' ~ y~.. ~~nr~r~ ~ m Public Service° March 23, 1994 The City of Wheat Ridge 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034-0638 err ~, ~. ~uotac ;.,~~ .~~f .. .., =;i~4T ~~ ~4,1~ 28 A 8 : ~ $ Public Service Company acknowledges receipt of Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-0114 _4217 Xenon Street #WZ-94-1 and MS 94 1 Project Title We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter; please contact me on 571-3735. ~ ~~ Teresa Wilson TW:lm 6 1~! P.O. BOX 638 TELEPHONE: 303/237-6944 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 March 21, 1944 The City of ~1Vheat Ridge This is to inform you that Case No, WZ-94-1/MS-94-1 which is a request for approval of rezoning from Agricultural-Two to Restricted-Commercial, a site plan for development, and a two-lot minor subdivision located at 4217 Xenon Street for property will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue, at 7:30 p.m. on April 7, 1994 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments, It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division. 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I. ~'tv~nL- Sv,-N-per (,Owtie~~ A u P~~- pow ¢i Iq ~e~novt Soar}-~/l i. G i d-~ o ~ W ~-~ l~ e- 12~ 00 W. c}2vt~l ~~ I/J11Ra~- ~~ ~ Le. $0633 4. Paesco l.abo~a~'ovi~s ~ 275o W • 42r~- ~-• W {~,~- (~~~ ~ (,p. 8 003 3 ~~~ ~ ~°`~ ,. ' ;.....- . S, Sate C3~Pev~, Sewobav .----;-. 41~f~ X•e~vtah 5~ '_ lnllnso.~ P-;d,~~ Go. $0033 to. ~,o~~ovtt' ... c1.2 coo Y,eanov~ St• . W ka~" 'R,i~~ ~ co. goo33 . . , y..~st ; -r~ RaIP~ Mana~one. - . __ 6oldP.tn~ co. 80401 ~oz ~'~,w'""`~ G'~Q°'~. ~~~~ I ~ ~~~~ ~ ~~~ ~po33 f NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on April 7, 1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: 1. Case No WZ-94-3• An application by St. Ives Realty for approval of a rezoning from Agricultural=One, Residential-One and Residential-Two to Planned Residential Development and for approval of an Outline Development Plan. Said property is located at 10241 West 38th Avenue and is legally described as follows: A parcel of land situated in the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, State of Colorado, more particularly described as follows: The East 264 feet of the North 750 feet of the Southwest one- quarter Southeast one-quarter Section 21, Township 3 South, Range 69 West of the 6th P.M., except the North 20 feet thereof and except the West 15 feet thereof and except the East 20 thereof and except the South 230 feet of the East 264 feet of the North 750 feet of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., except the West 15 feet thereof, and except the East 20 feet thereof, excluding any portion of the above described property not located in the East 8 acres of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson State of Colorado. and including The West one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West, except any portion which may lie within 38th Ave., and except: A part of the West one-half of the Southeast one-quarter of the Southeast one-quarter (W 1/2 SE 1/4 SE 1/4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast Corner of said W 1/2 SE 1/4 SE 1/4; thence West 120 feet, thence North 80 feet, thence in a Northeasterly direction 137 feet to a point which is 148 feet North of place of beginning. and including All that part of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, lying north or northerly of center line of a certain stream commonly called Dry Creek together with a strip 20 feet wide to be used for road purposes along the East side of that portion of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one- quarter lying south of center line of said Dry Creek being a roadway connecting the first above described tract with West 38th Avenue, excepting therefrom that portion of the above described land as taken by the City of Wheat Ridge for the Lena Gulch drainageway as evidenced by order for ,immediate possession recorded October 10, 1980 at Reception no. 80076775 of the Jefferson County records, containing 1,302,493 square feet or 29.9 acres more or less. 2, ['ace No CUP-94-1: An, application by the Sons of Italy for approval of a Conditional Use Permit for expansion of a private club within a Residential-Three (R-3) zone district located at 5925 West 32nd Avenue and legally described as follows: The S1/2 of the W1/2 of the SW1/4 of the SW1/4 of the NE1/4 of Section 25 Township 3 South Range 69W; except the south 30 feet thereof; except the west 25 feet thereof; and except the east 25 feet thereof; Jefferson County, State .of Colorado. 3. ~~~g No WZ-94-1/MS-94-1: An application by George Johnston and Linda and Cal Cummings for approval of a rezoning from Agricultural-Two to Restricted-Commercial, a site plan for development and a two-lot minor subdivision for property located at 4217 Xenon Street. Said property is legally described as follows: A part of the southwest one quarter of Section 20, Township 3 south, Range 69 west of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State bf Colorado, more particularly described as follows: Commencing at the point of intersection of the north/south center line of said Section 20 with the center line of West 44th Avenue, thence south 89050'00" west along said center line of west 44th Avenue 567.40 feet, thence south 0°32'00" east along the west right of way line of Xenon Street 1054.50 feet to the point of beginning; thence continuing south Oo32'00" east along said west right of way line of Xenon Street 145.45 feet to the north right of way line of West 42nd Avenue; then south 89°50'00" west along said north right of .way line of West 42nd Avenue 217.22 feet; then north Oo32'00" west 30.00 feet; thence south 89°50'00" west 63.00 feet; thence south 0032'00" east 30.00 feet to a point on said north right of way line of west 42nd Avenue; thence south 89050'00" west along said north right of way line 147.00 feet; thence north 0010'00" west 145.55 feet; thence north 89050'00" east 426.25 feet to the Point of Beginning; cont ining 1.382 acres, more or less. ~ Sa ra W gg ns, Se r ary ATTEST: Wanda Sang, City Clerk To be published: March 22, 1994 'Wheat Ridge Sentinel <pc>pnwz943/cup941/wz941.ms941 P.O.60%678 ~ TELEPHONE: 303/237-6944 - They o/ 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORA00 60034 ~Iheat ~Rid~e POSTING CERTIFICATION CASE N0. ~(~IZ-~I4'-I~YYIS-'`~'F-~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT HEARING//ttDA~~TE: A~y1~ ~ -) 1~~4- I , 1~.~OV/I'P_ ~o V1M Sc~-6Y~ n a m e residing at X22 ~ihe. ~ 1~~ ~ ~~ ~, -~ a~d r e s s , as the applicant for Case No. ~)Z^94-1//mS-°14-1 hereby certify that I have posted the Notice of Public Hearing at `{- Z ~ Z X ~~nn Sit- ( l o c a t i o n`) on this 23 day of ~~ , 19~~_, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign. :ass posted in t"e position shown on the map below. Signature: NOTE: This form must be submitted at and will be placed in the a ~l Department of Community Develo se t. ------------------------------- surErx < nccor pir~H _ _ _._ ~_ `~_~ x~ " -~-2 `:~ qq N 47WppAVL' ,:.EB a 6P_W _LY i._:'._ .. } . A - K - _ - .... -}' c ~- ~ .- `J, ~ub1iE caring on this ca 's cafe file at the (Circle One) CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared• March 30, 1994 Date of Meeting: April 7, 1994 Case Manager:'~eredith Reckert Case No. & Name: WZ-94-1/MS-94-1 Action Requested: Rezone from A-2 to R-C, two-lot minor subdivision and site plan for development Location of Request: 4217 Xenon Street Name & Address of Applicant(s): Linda & Cal Cummings 15485 W 44th Ave, Golden George Johnston 122 Pine Ridge Rd, Evergreen Name & Address of Owner(s): George & Linda Johnston ----------------------------------------------------------------- Approximate Area: 1.382 acres Present Zoning: Agricultural-two Present Land Use: vacant Surrounding Zoning: ~ & ~: A-2; ~: A-1; E: A-1 & A-2 Surrounding Land Use: Ni dog kennel; ~ vacant, single-family residential; ~ park district office, single family; Tnj~- vacant Comprehensive Plan for Area: ----- Date ----------------- Published: --------- March ---- 22, --------------------- 1994 Date to be Posted: March 24, 1994 Date Legal Notices Sent: March 21, 1994 Agency Check List (XX) Attached ( )'Not Required Related Correspondence ( ) Attached (XX) None ----------------------------------------=------------------------ ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides. (XX) Subdivision Regulations ( ) Exhibits --------------------------------------------------------------- RISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. Planning Commission Staff Report Page 2 Case No. WZ-94-1/MS-94-1 I. REQUEST This is a threefold request. The applicants request approval of a rezoning from Agriculture-Two to Restricted-Commercial, approval of a two-lot minor subdivision and a site plan for development within the Fruitdale Valley Master Plan area. The purpose is for the sale of the eastern half of the lot and for construction of an office building. II. CRITERIA 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan shows this area as Multiple Use and as general commercial within the Fruitdale Valley Master Plan on the edge of moderate density residential to the east with low-density residential further to the east. The applicants are proposing Restricted- Commercial zone on the property which would allow office uses, service establishments and limited neighborhood retail. See attached exhibit fAr One of the policy recommendations of the Fruitdale Valley Master Plan is to protect low intensity or residential uses through buffering techniques; (i.e., low density residential can be next to moderate density residential, can be next to office/neighborhood commercial.) Staff concludes that this proposal meets this intent for transitional zoning and land use. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Zoning and land use surrounding the property include a dog kennel with A-2 zoning to the north. Abutting the property to the east is A-1 and A-2 zoned land with low density residential and a semi-public office use. To the south is A-1 zoned land which has two single-family homes with C-1 land with a lab on it farther to the west. Immediately to the west is vacant, A-2 zoned property. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits to the community if the proposal is approved. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Planning Commission Staff Report Page 3 Case No. WZ-94-1/MS-94-1 All outside agencies can serve with improvements provided by the developer. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The proposal will result in a small increase in traffic in the area, however, the future construction of 42nd Avenue between Xenon and Youngfield, should be able to handle the amount generated by this site. Drainage on and off site will follow historic flows and therefore should not negatively affect general drainage in the area. A one-story office building will have no more affect on light and air to the adjacent properties than a house of similar size. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be used in accordance with the A-2 regulations which allows farming, fish hatcheries, public stables and veterinary hospitals. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning should not be an issue as there are other commercial zones in the vicinity. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is a void in the market for small, owner-occupied office space. III. SUBDIVISION DESIGN The owner and applicants are proposing a two-lot minor subdivision so that the sale of the eastern half of the property can legally occur. Proposed lot sizes are .71 acre and .67 acre for Lots Land 2, respectively. The A-2 zone district requirements include a minimum lot size of one acre where the R-C zone district has no minimum lot size. Therefore, the rezoning to R-C must take place before the subdivision approval. If the rezoning is not approved no action should be taken on the request for subdivision. The lots are similar in size except that an approximate 1900 square foot tract on Lot 2 has been excepted for a metering device for the. metro sewer district. The sale of this parcel has already occurred, therefore it is not a part of the subdivision. • • Planning Commission Staff Report Page 4 Case No. WZ-94-1/MS-94-1 Xenon Street and West 42nd Avenue both have 50 feet of right-of-way, therefore no additional dedications are required except for a 15-foot triangle at the intersection for a corner radius. The cross-access easement between Lots 1 and 2 needs to be shown graphically on the plat. All other requirements of the Subdivision Regulations have been met, except a few minor legal description errors. IV. SITE PLAN A site plan for development has been submitted for Lot 1. The applicant proposes a one-story 3200 square foot building with the ability to expand up to 6400 square feet. At full build-out, building coverage would be 25~, landscaped coverage would be roughly 30~ and hard surface coverage would be at least 45$. The applicant owns a business which does analysis of plant materials from archeological sites. Her clientele is nationwide and there would be no walk-in traffic. Shipping of the materials is done through the mail or by UPS. There are currently six employees including the owner. As such, the site plan proposes only ten parking spaces. Typically, an office building 3200 square feet in size would be required to have 14 parking spaces where the site plan shows only ten. This would require a specific variance to the number of spaces required. Since the case was not published as requiring a variance, Planning Commission has no jurisdiction to hear this aspect of the request. However, this could be heard as part o£ the City Council public hearing. If the variance is approved, language needs to be added to the site plan requiring additional parking if the property is sold or if the building is leased by a different user. A cross access easement has been provided on the site plan and plat allowing circulation between Lots 1 and 2. No outside storage will be allowed on thee property. Any outside mechanical equipment must be screened from view. All other requirements of the Restricted-Commercial zoning have been met. Staff concludes that the site plan meets the intent of the goals and objectives of the Fruitdale Valley Master Plan for residential scale and increased landscaping. VI. AGENCY REFERRALS All agencies can serve with certain improvements. Valley Water District will require a line upgrade. from four inches to eight inches and construction of a service line. Planning Commission Staff Report Case No. WZ-94-1/MS-94-1 Page 5 Arvada Fire District will require the installation of at least one hydrant. Public Works will require a drainage plan and report and a street right-of-way dedication for the corner radius. An escrow will be required for the cost of half-width improvements to West 42nd Avenue in front of both Lots 1 and 2, which the City will construct next year. The developer will be responsible for the installation of curb, gutter and sidewalk and patching of Xenon Street. VII. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on February 1, 1994. Those attending were: Meredith Reckert, City Staff George Johnston, owner/applicant Linda & Cal Cummings, applicant Evangeline & Ralph Mangone, 2781 Berry Lane Homer Murphy, 12700 West 42nd Avenue Kathryn Murphy, 12710 West 42nd Avenue Concerns expressed by neighboring residents are that they don't want commercial intrusion into this primarily residential area and that they don't want to have to participate in the cost of paving West 42nd Avenue. They are afraid that the paving of 42nd Avenue will encourage speeding and cut-through traffic trying to avoid the 44th/YOUngfield intersection. They indicated that there are no speed limit signs and not enough enforcement of speeders in the area. VIII. FTAFF CONCLUSIONS Staff concludes that some of the land use in the area is already semi- commercial in nature. Staff further concludes that the proposed rezoning to R-C would be in conformance with the Comprehensive Plan and that, in general, the criteria used to evaluate a rezoning support this request. Staff concludes that all requirements of the Subdivision Regulations, have been met if the minor legal description problems are taken care of and if the cross-access easement is shown graphically on the plat if a 15-foot triangle is dedicated at the Xenon/West 42nd Avenue corner. In regard to the site plan, Staff concludes that the proposed development on Lot 1 is residential in scale, has a larger amount of landscaping than usually required and could provide a transition between the neighborhood to the east/northeast and potential, more intensive commercial use along Youngfield. However, if a parking variance is approved, a provision needs to be added that if the land Planning Commission Staff Report Page 6 Case No. WZ-94-1/MS-94-1 is sold or the use converted, additional parking be provided. Prior to any development on Lot 2, a site plan must be reviewed by Planning Commission and City Council. Based on the conclusions stated above, a recommendation of approval is given for all aspects of this request with the following conditions: 1. Legal description problems be taken care of on the plat; 2. The cross access easement be shown graphically on the plat; and 3. A 15-foot triangle at the corner of Xenon and West 42nd Avenue be dedicated as right-of-way. 4. If the parking variance is approved, a note be added to the site plan requiring additional parking if the property is sold or the use changes. 5. A site plan for development be reviewed by Planning Commission and City Council before any building occurs on Lot 2. IX. RECOMMENDED MOTSONS• Rezoning OPTION A: "I move that Case No. WZ-94-1, a request for approval of a rezoning from Agricultural-Two to Restricted Commercial for property located'at 4217 Xenon Street, be Approved for the following reasons: 1. Some of the land use in the area is semi-commercial in nature, therefore, there is compatibility. 2. It is in conformance with the Comprehensive Plan. 3. The evaluation criteria support approval. With the following conditions: 1. A site plan for development be reviewed by Planning Commission and City Council before any building occurs on Lot 2. OPTION B: "I move that Case No. WZ-94-1, a request for approval of a rezoning from Agricultural-Two to Restricted Commercial for property located 'at 4217 Xenon Street, be Denied for the following reasons: 1. 2. 3. " Subdivision OPTION A: I move that Case No. MS-94-1, a request for approval of a two-lot minor subdivision at 4217 Xenon Street be Approved for the following reasons: 1. It would allow the sale of the eastern portion of the property. 2. All requirements of the Subdivision Regulations have been met. s • Planning Commission Staff Report Page 7 Case No. WZ-94-1/MS-94-1 With the following conditions: 1. Legal description problems be taken care of on the plat; 2. The cross-access easement be shown graphically on the plat; and 3. A 15-foot triangle at the corner of Xenon Street and West 42nd Avenue be dedicated as right-of-way. OPTION B: I move that two-lot minor subdivision following reasons: 1. 2. 3. " Site Plan Case No. MS-94-1, a request for approval of a at 4217 Xenon Street be Denied for the OPTION A: "I move that a request for site plan approval for property located at 4217 Xenon Street be Approved for the following reasons: 1. It meets the intent of the Fruitdale Valley Master Plan for residential-scale and increased landscaping. 2. All minimum of the R-C zoning have been met or exceeded. With the following condition: 1. If the parking variance is approved, a note be added to the site plan requiring additional parking if the property is sold or the use changes. OPTION B: "I move that a request for site plan approval for property located at 4217 Xenon Street be Denied for the following reasons: <pc>srwz941/ms941 • CASE NO. WZ-94-1/ AGENCY REFERRALS SUMMARY ~'~r g Fire: fA~ rvada~9 minimum of one fire hydrant is needed. Schools: X Water: (ya11ey1 Will require water line upgrade and hydrant X Sewer: (Fruitdale) Service line construction will be required. X US West Communications: X Public Service Co:- Can serve. State Land Use Comm State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: CITY DEPARTMENTS g Public Works: Will require-drainage plan, escrow for street ^'-ruction and radius dedication Parks & Recreation: Police: __ (over 5 acres): Building Inspection: pc/Agencyrefsum ~~ Planning Commission Minutes April 7, 1994 Page 3 Joe Ciancio, 4125 South Roslyn Street was sworn in. Mr. Ciancio identified himself as the President of the Sons of Italy. Commissioner LANGDON asked if Mr. Ciancio was aware of the City's requirement for .landscaping. Mr. Ciancio stated that there were plans to add shrubbery once the addition is complete. He added that the City had previously removed seven trees.-along West 32nd Avenue and promised to replace them. This has not yet been done. Commissioner CERVENY asked if the applicant had comments he wished to make. Mr. Ciancio stated the proposed addition was necessary. so that the kitchen could be updated. He explained. Commissioner CERVENY asked if the membership would increase with the expansion. Mr. Ciancio stated he expected no increase'in membership. Commissioner QUALTERI move that Case No. CUP-94-1, an application by the Sons of Italy for approval of a Conditional Use Permit for ). expansion of a private club within a Residential-Three (R-3) zone district located at 5925 West 32nd Avenue be Approved for the following reasons: 1. The criteria used to evaluate a Conditional Use support approval of this request; and 2. Staff, recommends approval. With the following conditions: 1. The applicant shall remove the parking stall at the end of each row of parking and create landscaped islands with a minimum of one street tree and six shrubs; or, applicant may consult with staff and vary that particular condition with approval from staff. Commissioner ECKHARDT seconded the motion. Motion carried 7-O. 2. Case No. WZ-94-1/MS-94-1: An application by George Johnston and Linda and Cal Cummings for approval of a rezoning from Agricultural-Two to Restricted-Commercial, a site plan for development and a two-lot minor subdivision for property located at .4217 Xenon Street. Meredith Reckert presented the staff report. Entered and accepted into the .record were the Comprehensive Plan, Zoning L~~ { Planning Commission Minutes April 7, 1994 Ordinance, Subdivision Regulations, case file and packet materials. Page 4 Commissioner QUALTERI had questions about a possible ditch right- of-way on the property mentioned on the warranty deed, faintly visible on the quarter-section map. However, no ditch or easement is shown on the site plan. Ms. Reckert stated she thought the current owners could address that best. Commissioner CERVENY asked if additional landscaping is required, where could it be located? Ms. Reckert stated there was some additional space available on the west side of the building. She pointed out where this could happen. _...... . Commissioner CERVENY asked what the property could be used for as it is presently zoned? Ms. Reckert stated "farming, public stables, veterinary hospital or a kennel with outside runs". She explained further. George Johnston, 122 Pine Ridge Road was sworn in. Linda Cummings, 15485 West 44th Avenue was sworn in. Cal Cummings-, 15485 West 44th Avenue was sworn in. Mr Johnston stated he was the owner/applicant and. was prepared to answer any questions Commission might have. He added that the ditch mentioned by Commissioner QUALTERI caught the corner of his property and had been completely dry for tYie 8 or 9 years he had owned the property. . Commissioner QUALTERI asked if Mr. Johnston was aware that water rights from Bayou Ditch (sometimes known as Slater Ditch) was included on the warranty deed? Mr. Johnston stated .that the ditch was dry. Commissioner QUALTERI asked if the ditch company had given up ,easement. Mr. Johnston was unaware if the easement had been vacated. Commissioner QUALTERI asked Mr. Gidley if the ditch easement had riot been vacated, did it not have to be shown on the site plan? e., Planning Commission Minutes Page 5 April 7, 1994 Mr. Gidley suggested that perhaps no formal easement existed. Another possibility was that it was a terminal ditch and terminated at this property. Mr. Gidley added that if the ditch user ceases using ditch water for a certain number of years (he thought seven years), the water rights are lost. Mr. Johnston explained further that to his knowledge, the property owner next to him does not use the ditch. He added that he had owned the property eight years. Chairperson RASPLICKA asked if the ditch question clouded the issue? _ Mr. Gidley answered it was a private matter that the property owner(s) would have to work out themselves. He added that it does not affect this specific site; only the site to the west. Linda Cumminas explained that the plan was for a one-story office building. Commissioner CERVENY asked the applicant if she had a problem with the conditions suggested by staff. Ms. Cumminas stated she was aware of the proposed conditions. Commissioner OWENS asked Ms. Reckert about parking on the site. Ms. Reckert stated that additional parking could be added and pointed out where this could be done on the site plan. Kathryn Murphv, 12710 West 42nd Avenue was sworn in. Ms.. Murphy stated she lives with her grandfather and is concerned about the requested change of zoning, since she felt if it was approved,' the neighborhood would change. She added that individuals are often seen speeding ,through the neighborhood. Mr. Gidley spoke about the development of the Fruitdale Valley Master Plan and how that plan affects the area under consideration. Commissioner OWENS asked if the applicant was aware that the current zoning allowed many similar uses? Ms. Reckert explained further the uses allowed by Agricultural-_- Two zoning. She noted that several semi-commercial uses were allowed. Mr. Gidley noted that no industrial uses would be allowed as they are specifically excluded. _ ____ ~~ ,~ Planning Commission Minutes April 7, 1994 Page 6 Commissioner CERVENY stated he thought that Restricted-Commercial zoning would improve the quality of development, since it would be less-intensive in nature. He elaborated. Commissioner ECKHARDT asked Commissioner CERVENY to explain "higher general use". Commissioner CERVENY explained that the R-C zone would act as a buffer between the residential. area and C-1 uses. Commissioner ECKHARDT asked Commissioner CERVENY if he meant "a more intensive use" when he spoke of a "higher general use". Commissioner CERVENY stated yes, that is what he meant. Chairperson RASPLICKA asked if anyone present had not yet spoken .;,..I but wished to'. - _..._ . ,•,:; ., ... ,~~ , ... There was no response: Chairperson RASPLICKA instructed Commission that the first motion made would reference the requested zoning change. Commissioner CERVENY moved that Case No. WZ-94-1, a request for approval of a rezoning £rom Agricultural-Two to Restricted Commercial for property located at 4217 Xenon Street, be Approved for the following reasons: 1. The property is located within the City of Wheat Ridge and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 2. Some of the land use-in the area is semi-commercial in nature, therefore, there is compatibility. 3. It is in conformance with the Comprehensive Plan. 4. The evaluation criteria support approval. 5. Restricted-Commercial uses would be more compatible to the present existing uses than allowed uses under Agricultural- Two zoning. Commissioner OWENS seconded the motion. Motion carried 7-O. Commissioner CERVENY moved that Case No. MS-94-1, a request for approval of a two-lot minor subdivision at 4217 Xenon Street be Approved for the following reasons: 1. It would allow the sale of the eastern portion of the property. 2. All requirements of the Subdivision Regulations have been met. ;~ With the following conditions: s u sk '- ti r~ ~''i'. J Planning Commission Minutes April 7, 1994 3. A 15-foot triangle at the corner of Xenon Street and West 42nd Avenue be dedicated as right-of-way. Page 7 1. Legal description problems be taken care of on the plat; 2. The cross-access easement be shown graphically on tha plat; and Commissioner OWENS seconded the motion. Commissioner ECKHARDT stated he was concerned by area residents' complaints of speeders in the neighborhood. He suggested City staff could endeavor to reduce cut-through traffic in the. neighborhood. speeders: .._.,~.,....,..~.:•.-.;...,._._,,-..._ ., ..a =.,~,. ~...,.. :. Mr. Gidley stated that there might be specific street design and also traffic control measures that could be help alleviate the problems the neighborhood is experiencing with cut-through Discussion followed. Commissioner CERVENY added this comment to his motion "Commission would instruct staff to work with police and public works and take appropriate action once the street is paved to address the neighborhood's concerns regarding the control of traffic". Commissioner OWENS agreed with this comment. Motion carried 7-0. Commissioner CERVENY moved that regarding Case Nos. WZ-94-1/MS- 94-1, a request for site plan approval for property located at 4217 Xenon Street be Approved for the following reasons: 1. It meets the intent of the Fruitdale Valley Master Plan for residential-scale and increased landscaping. 2. All minimums of the R-C zoning have been met or exceeded. With the following condition: 1. If the parking variance is approved, a note be added to the site plan requiring additional parking if the property is sold or the use changes. Commissioner CERVENY made the following comment: "Planning Commission would advise the applicant to follow-through on a possible ditch easement". Commissioner Owens seconded the motion. Motion carried 7-0. A recess was called at 9:-00 p.m. at which time the meeting was moved to Council Chambers. -- `:~. Meeting reconvened at 9:10 p.m. ,~ :~-C. i Y £y t PUBLIC HEARING SPE~RS' LIST CASE N0: r~t~_gd-1 /MS-q__ q~_ DATE: -04-07-94 REQUEST: An application by George Johnston and Linda and Cal Cummings for approval of a rezoning from Agricultural-Two to Restricted- Commercial, a site plan for development and a two-lot minor subdivision for property located at 4217 Xenon Street. i Position O.n Request{ i (Please Check) ; i SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) ~ IN FAVOR ~ OPPOSED I ,i 1 1 ~ i = ~ ' 1 , ' 1 I 1 t = f I ~ J i ~ 1 1 ' = i ( 1 1 ' 1 1 I 1 i ' ' 1 I ' 1 1 1 i 1 1 1 I 1 i 1 i 1 ~ 1 I 1 I 1 1 1 ~ 1 ~ 1 ' ' 1 1 I 1 ~ 1 ' 1 1 1 i ' ' 1 ~ I 1 ~ 1 ~ 1 1 ~ ~ 1 . I ~ 1 i 1 j 1 I 1 ~ 1 I I ' 1 I ' 1 I 1 i ' 1 1 1 1 1 I t ' ' 1 1 1 1 1 1 ~ 1 ~ ' 1 I ' 1 1 ~ 1 1 ' 1 1 I I 1 i 1 1 I ~ 1 I 1 1 1 1 1 ' ' 1 I 1 1 1 1 1 I 1 i I r 1 1 1 1 1 I 1 i 1 i 1 1 I 1 1 1 1 1 i CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-94-1/MS-94-1 LOCATION: 4217 Xenon Street APPLICANT(S) NAME: Linda & Cal Cummings OWNER(S) NAME: George Johnston REQUEST: Rezone from A-2 to R-C, two-lot minor subdivision and site plan for development APPROXIMATE AREA: 1.382 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference,. and made a part hereof; and WHEREAS, there was testi3nony received at a .public hearing,:-heard. by =the , Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner CERVENY, seconded by Commissioner OWENS, that Case No. WZ-94-1, a request for approval of a rezoning from Agricultural-Two to Restricted Commercial for property located at 4217 Xenon Street, be forwarded to City Council with a 1 recommendation for APPROVAL for the following reasons: . 1 1. The property is located within the City of_Wheat Ridge and all notification and posting requirements have been met, therefore, there is jurisdiction to .hear this case. 2. Some of-the land use in the area is semi-commercial in nature, therefore, there is compatibility. 3. It is in conformance with the Comprehensive Plan. 4. The evaluation criteria support approval.. ' 5. Restricted-Commercial uses would be more compatible to the present existing uses than allowed uses under Agricultural-Two zoning. VOTE:. ..YES: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny, Langdon and Crumpton NO: None 2, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 7-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 7th day of April, 1994. J y~c~ Ch~rs~ Sandra~ns, retary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION <pc>resowz941/ms941 t, ~f '. ~~:, ~~ CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-94-1/MS-94-1 LOCATION: 4217 Xenon Street APPLICANT(S) NAME: Linda & Cal Cummings OWNER(S) NAME: George Johnston REQUEST: Rezone from A-2 to R-C, two-lot minor subdivision and site plan for development APPROXIMATE AREA: 1.382 acres . `: WHEREAS, the City of Wheat Ridge Planning Division has submitted a- list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard_by the.. Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner CERVENY, seconded by Commissioner OWENS, that Case No. MS-94-1, a request for_.approval of a two-lbt minor subdivision for property located at 4217 Xenon Street, be forwarded to City Council with a recommendation for APPROVAL for the following reasons: 1. It would allow the sale of the eastern portion of the property. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. Legal description problems be taken care of on the plat; 2. The cross-access easement be shown graphically on the plat; and 3. A 15-foot triangle at the corner of Xenon Street and West - 42nd Avenue be dedicated as right-of-way. 4. Commission would instruct staff to work with police and public works and take appropriate action once the street is paved to address the neighborhood's concerns regarding the control of traffic. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny, Langdon and Crompton NO: None '~" '~i;: _ PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES CITY ATTY. MATTERS ~' _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS -- _ LIQUOR--HEARINGS ORDINANCES FOR2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA IT$Ii TITLE: Ordinance on 1st Reading - Case No. WZ-94-1 SUMMARY/RECOMMENDATION: Council Bill provides for approval of rezoning from A-2_to Restricted-Commercial and for approval o_f a site plan for property located at 4217 Xenon Street. ATTACHMENTS: BUDGETED 1) Council Bill ITEM: Yes No 2) 3) Fund Dept/Acct # Budgeted Amount S Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bill No. be approved on first reading, ordered published, public hearing to be set for Monday, June 13, 1994 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take effect upon passage. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1994 _ - TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-TWO TO RESTRICTED COMMERCIAL ON LAND LOCATED AT 4217 XENON STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by George Johnston for approval of rezoning in-Wheat Ridge, Colorado, Case No. WZ-94-1 and based upon recommendation for approval, with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-Two District and to include in the Restricted Commercial District, the following described land: A part of the southwest one quarter of Section 20, Township 3 south, Range 69 west of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the point of intersection of the north/south center line of said Section 20 with the center line of West 44th Avenue, thence south 89°50'00" west along said center line of west 44th Avenue 567.40 feet, thence south 0°32'00" east along the west right of way line of Xenon Street 1054.50 £eet to the point of beginning; thence continuing south 0032'00" east along said west right of way line of Xenon Street 145.45 £eet to the north right of way line of west 42nd Avenue; then south 89°50'00" west along said north right of way line of West 42nd Avenue 217.22 feet; then north 0°32'00" west 30.00 feet; thence south 89°50'00" west _- 63.00 feet; thence south 0032'00" east 30.00 feet to a point on said north right of way line of west 42nd Avenue; thence south 89050'00" west along said north right of way line 147.00 feet; thence north 0010'00" west 145.55 feet; thence north 89050'00" east 42-6.25 feet to the Point of Beginning; containing 1.382 acres, more or less. Section 2. Conditions. The development on Lot 1 of Johnston Minor Subdivision shall be in accordance with Exhibit 'A'. No construction shall occur on Lot 2 of Johnston Minor Subdivision until a site plan for development is approved by Planning Commission and City Council.. Section 3. Vested ProOerty Rights Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section Ordinance No. Series of 1994 Page 2 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge.- Section 4. Safety Clause: The City Council hereby finds, determines, -and declares that this ordinance is promulgated under the general police power of__the City of wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Cduncil further determines that the ordinance bears _a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part o£ this ordinance or the application thereof to .any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid,_such judgment shall not affect, impair or invalidate the remainder of this ordinance or its. application to other persons or circumstances. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1994, at 7:00 o'clock p.m., in the Council Chambers,-7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,_this day of , 1994. SIGNED by the Mayor on this day of 1994. Dan Wilde. MAYOR Wanda Sang, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordwz941 APPROVED AS TO FORM BY CITY ATTORNEY Kathryn Schroeder, CSTY ATTORNEY AGENDA ITEM RECAP i QUASI-JUDICIAL ~ Yes PUBLIC HEARINGS PROC./CEREMONIES _ BIDS/MOTIONS _ INFORMATION ONLY AGENDA ITEM TITLE: _ CITY ADM. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS _ PUBLIC COMMENT Case No. WZ-94-1/MS-94-1 -.ELEC. OFFICIALS MATTERS ORDINANCES FOR 1ST READING ~_ ORDINANCES FOR 2ND READING RESOLUTIONS _. SUMMARY/RECOMMENDATION: This a threefold request: rezoning from A-2 to R-C with site plan approval, variance to lot size and approval of a two-lot subdivision. Staff recommends approval of rezoning of the entire parcel and approval of the subdivision. A recommendation of denial is given for the variance. ATTACHMENTS: BUDGETED 1) staff report ITEM: Yes No 2) 3) Fund Dept/Acct # _,_ Budgeted Amount S Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTIONS: #1 Variance• OPTION A: "I move that the request for approval of a lot size variance in an A-2 zone district be Denied for the following reasons: 1. There is no physical hardship; 2. Circumstances are not unique, for the applicant; and 3. The evaluation criteria do not it is simply a matter of convenience support approval of this request." OPTION B: "I move that the request for approval of a lot size variance in an A-2 zone district be Approved for the following reasons: 1. 2. 3. " #2 Rezoning No OPTION A: "i move that Case No. WZ-94-I, a request for approval of a rezoning from Agricultural-Two to Restricted Commercial for property located at'4217 Xenon Street, be Approved for the following reasons: Agenda Item Recap Page 2 Cases No. WZ-94-1/MS-94-1 1. Some of the land use in the area is semi-commercial in nature, therefore, there. is compatibility. 2. It is in conformance with the Comprehensive Plan. 3. The evaluation criteria support approval. With the following condition: 1. The property be developed in accordance with the submitted site plan; and 2. Additional parking be provided if full build-out occurs on Lot 1. OPTION B: "I move that Case No. WZ-94-1, a request for approval of a rezoning from Agricultural-Two to Restricted Commercial for property located at 4217 Xenon Street, be Denied for the following reasons: 1. 2. 3. " #3 Minor Subdivision OPTION A: "I move that Case No. MS-94-1, a request for approval of a two- lot-minor subdivision, for property located at 4217 Xenon Street, be Approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. With the following conditions: 1. Minor legal description errors be corrected." OPTION B: "I move that Case No. MS-94-1, a request for approval of a two- lot minor subdivision for property located at 4217 Xenon Street, be Denied for the following reasons: 1. 2. 3. " __ ~ NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on June 13, 1994 at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested-citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. MS-94-1 :_ An application by George Johnston and Linda and Cal Cummings for approval of a two-lot minor subdivision with a variance to lot size for property located at 4217 Xenon Street. Said property is legally described as follows: A part of the southwest one quarter of Section 20, Township 3 south, Range 69 west of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the point of intersection of the north/south center line of said Section 20 with the center line of West 44th Avenue, thence south 89°50'00" west along said center line of west-44th Avenue 567.40 feet, thence south 0°32'00" east along the west right of way line of Xenon Street 1054.50 feet to the point of beginning; thence continuing south 0°32'00" east along said west right of way line of Xenon Street 145.45 feet to the north right of way line of West 42nd Avenue; then south 89°50'00" west along said north right of way line of West 42nd Avenue 217.22 feet; then north 0°32'00" west 30.00 feet; thence south 89°50'00" west 63.00 feet; thence south 0°32'00" east 30.00 feet to a point on said north right of way line of west 42nd Avenue; thence south 89°50'00" west along said north right o£ way line 147.00 feet; thence north 0°10'00" west 145.55 feet; thence north 89°50'00" east 426.25 feet to the Point of Beginning; containing 1.382 .:.>-,, acres, more"or less. _ 2. Case No Q4~~ An application by George Johnston and Linda and Cal Cummings for approval of a rezoning from Agricultural-Two to Restricted Commercial, and a.site plan for development on property located at 4217 Xenon Street. Said property is legally described as follows: A part of the southwest one quarter of Section 20, Township 3 south,-Range 69 west. of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as commencing at the point of intersection of the north/south center line of said Section 20 with the center line of West-44th Avenue, thence south 89°50'00" west along said center line of west 44th Avenue 567.40 feet, thence south 0°32'00" east along the west right of way line of Xenon Street 1054.50 £eet to the point of beginning; thence continuing south 0°32'00" east along said west right of way line of Xenon Street ~`~ • i 145.45 feet to the north right of way line o£ West 42nd Avenue; then south 89050'00" west along said north right o£ way line of West 42nd Avenue 217.22 feet; then north 0°32'00" west 30.00 feet; thence south 89050'00" west 63.00 feet; thence south 0032'00" east 30.00 feet to a point on said north right o£ way line o£ west 42nd Avenue; thence south 89°50'00" west along said north right of way line 147.00 £eet; thence .north 0010'00" west 145.58 £eet; thence north 89°50'00" east 426.25 feet to the Point of Beginning but excluding the western 213.25 f et. dra Wiggins, tary ATTEST: Wanda Sang, City Clerk To be published: May 31,1994 Wheat Ridge Sentinel <pc>pnms941/wz941 . ~~ P.O.BOX 678 _ -TELEPHONE: IIJ/2]7-69<3 The Cily~J 7500 WEST 20TH AVEN~ ~.VhIEAT RIOGE. COLORA00 80013 cWheat Ridge POSTING CERTIFICATION CASE N0. ~S q4 - i ~ W Z-~4-I PLANNING COMMISSION - CITY COUNCIL - BOARD OF .ADJUSTMENT HEARING n/DATE: 1 3~ I°t°l¢ n a m e ) residing at ~Z Z (Circle One) r e s s as the applicant for Case No. lYiS°l4-~ ~ WZ~14-i hereby certify that I have posted the Notice of Public Hearing at ~' Z. ~ 1 ~ P~V1 oUl ScFllc~.-T o v a t i o n on this 'Z~-Y~ day of ~,~ , 19 ~, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: S . NOTE: This form must be submitted th blic( and will be placed in the ap icant s case Department of Community Development. ing on this case e at the -a00 WEST. ~9T^ AVENUE - - - =.o.Box c33 - The City of '.VHEAT F.IDGE. ~~:~ 80034-~"038 ,3031 234-5900 cwheat Gry Admm.. Fax ~ 234-5924 Po!ice Dept. Fax z 235-2949 +~idprEa May 27, 1994 This is to inform you that Case No. wZ-94-1/MS-94-1 which is a request for approval of a rezoning from Agricultural-Two to Restricted-Commercial, a site plan for development and a two-lot minor subdivision with a variance for property located at 4217 Xenon Street will be heard by the Wheat Ridge city Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.00 p.m. , on .7,,,,P i ~, i 9aa All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Citv Council' As an area resident or,interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division, Thank you. PLANNING DIVISION <pc>phnoticeform <~ x., ,, ,,, r.,,,," Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your-Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date Prepared: June 1, 1994 Date of Meeting: June 13, 1994 Case Manager:°Meredith Reckert Case No. & Name: wZ-94-1/MS-94-1 Action Requested: Rezone from A-2 to R-C, two-lot minor subdivision and site plan for development, and a variance to lot size. Location of Request: 4217 Xenon Street Name & Address of Applicant(s): Linda & Cal Cummings 15485 A 44th Ave, Golden George Johnston 122 Pine Ridge Rd, Evergreen Name & Address of Owner(s): George & Linda Johnston ---------------------------------------------------------------- Approximate Area: 1.382 acres Present Zoning: Agricultural-two Present Land Use: vacant Surrounding Zoning: N & fin: A-2; S: A-1; E: A-1 & A-2 Surrounding Land Use: N: dog kennel; ~ vacant, single-family residential; E: park district office, single family; W: vacant Comprehensive Plan for Area: Multiple Use - Fruitdale Valley Master Plan Date Published: __ May 31, 1994 Date to be Posted: May 27, 1994 Date Legal Notices Sent: May 27, 1994 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides (XX) Subdivision Regulations ( ) Exhibits ------------------------------------------------------------------ The property is within the City of Wheat Ridge, and all notification and posting requirements have-been met, therefore there is jurisdiction to hear this case. City Council Staff Report Page 2 Case No. WZ-94-1/MS-94-1 I. REQUEST This is a threefold request: 1. Approval of a rezoning from A-2 to R-C with site plan approval; 2. Approval of a variance to lot size; and 3. Approval of a two-lot subdivision. The applicant had originally applied for a rezoning from A-2 to R-C for the entire 1.38 acres, approval of a site plan for development for the eastern half of the property and approval of a two-lot subdivision to allow the legal sale of the eastern half. Subsequent to the Planning Commission public hearing, the applicant opted to remove the western half of the property from the rezoning request. The reason for this is that the applicant has a potential buyer for the western half to install a landscape nursery which is a use by right in the A-2 zone. However, the applicant would still like to subdivide the property as shown on the enclosed subdivision plat, which requires a variance to the minimum A-2 lot size of one acre. A specific chain of events needs to occur in regard to the different aspects of this case. A variance needs to be granted to the one-acre minimum A-2 lot standard. If this is approved then rezoning can occur only for the east Half. Yf the variance is denied, then the entire property will be rezoned. In either of the rezoning scenarios, the site plan for the eastern side must be reviewed. The subdivision plat as presented can be approved in either of two ways. If the. variance is denied, the result is two R-C zoned properties. If the variance is approved, .the result is one R-C zoned lot-and one substandard A-2 zoned lot. If the variance was denied-and the entire property rezoned to R-C, the landscape nursery could be allowed later as a Special Use. Finally, if only the east half is rezoned, a revised ordinance consistent with Exhibit 'A' must be published. II. VERIANCE Variances. must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). The owner is requesting a lot size variance to allow the creation of a substandard sized A-2 lot (.67 acre where one acre is required). If the variance is denied, the subdivision plat as proposed cannot be approved unless both lots are rezoned to R-C. City Council Staff Report Page 3 Case No. WZ-94-1/MS-94-1 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the variance is not granted, the property cannot be subdivided and the sale of either lot cannot occur. Tho proposed common lot line could be moved to the east 99 feet, allowing the one acre minimum to be met. This would reduce Lot 1 down to 114 feet by 145 feet or 16,581 square feet. The proposed office building and associated required parking could fit on a lot this size, however, the amount of landscaping would be drastically reduced aad the full build-out scenario (i.e., the ability to expand to 6400 square feet) could not occur. Another scenario would be to rezone both parcels to R-C where there is no minimum lot size and pursue a Special Use Permit for the landscape nursery. The Special Use Permit would be handled as a separate case. 2. Is the plight of the owner due to unique circumstances? Circumstances are not unique. 3. If the variation was granted, would it alter the essential character of the locality? If the variance was granted, it would not affect the local character as there are other substandard A-2 zoned lots in the area. Most o£ these lots, however, are used as private residences with some farming operations rather than commercial business. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? There is no hardship involved. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? A precedent could be set. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? This request is economically motivated. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? City Council Staff Report Page 4 Case No. WZ-94-1/MS-94-1 The hardship has been self-imposed. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The granting of the variance would not be detrimental to the public welfare or injurious to other properties or improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Granting of the variance would not impair the supply of light and air, increase congestion in the streets, increase fire danger or endanger public. safety. Although there are no obvious detrimental affects to the public health, safety and welfare, staff concludes that the criteria do not . support approval of this request based on the fact that there is no physical hardship and that circumstances are not unique. III. CRITERIA FOR REZONING Before a change of zone is approved, the applicant shall show, and the planning commission and city council shall find: 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan shows this area as Multiple Use and as general commercial within the Fruitdale Valley Master Plan on the edge of moderate density residential to the east with low-density residential further to the east. The applicants are proposing Restricted- Commercial zone on the property which would allow office uses, service establishments and limited neighborhood retail. See attached Exhibit 'B'. One of the policy recommendations of the Fruitdale Valley Master Plan is to protect low intensity or residential uses through buffering techniques; (i.e., low density residential can be next to moderate density residential, can be next to office/neighborhood commercial.) Staff concludes that this proposal meets this intent for transitional zoning and land use. City Council Staff Report Page 5 Case No. WZ-94-1/MS-94-1 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Zoning and land use surrounding the property include a dog kennel with A-2 zoning to the north. Abutting the property to the east is A-1 and A-2 zoned land with low density residential. and a semi-public office use. To the south is A-1 zoned land which has two single-family homes with C-1 land with a lab on it farther to the west. Immediately to the west is vacant, A-2 zoned property. S~aff concludes that the proposed use as planned and designed will achieve compatibility. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits to the community if the proposal is approved. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All outside agencies can serve with improvements provided by the developer. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, ar seriously reduce light and air to adjacent properties. The proposal will result in a small increase in traffic in the area, however, the future construction of 42nd Avenue between Xenon and Youngfield, should be able to handle the amount generated by this site. Drainage on and off site will follow historic flows and therefore should not negatively affect general drainage in the area. A one-story office building will have no more affect on light and air to the adjacent properties than a house of similar size. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be used in accordance with the A-2 regulations which allows farming, fish hatcheries, public stables and veterinary hospitals. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. City Council Staff Report Page 6 Case No. WZ-94-1/MS-94-1 Spot zoning should not be an issue as there are other commercial zones in the vicinity. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is a void in the market for small, owner-occupied office space. IV. SITE PLAN FOR DEVELOPMENT A site plan for development has been submitted for the eastern half of, the property. On the eastern lot, the applicant proposes a one-story 3200 square foot building with the ability to expand up to 6400 square feet. At full build-out, building coverage would be 25~, landscaped coverage would be roughly 30~ and hard surface coverage would be at least 45$. A 3200 square foot office building is required to have 14 spaces. If the office ever expanded to 6400 square feet, this number would have to be doubled. The applicant owns a business which does analysis of plant materials from archeological sites. Her clientele is nationwide and there would be no walk-in traffic. Shipping of the materials is done through the mail or by UPS. A cross access easement has been provided on the site plan and plat allowing circulation between Lots 1 and 2. No outside storage will_be allowed on the property. Any outside mechanical equipment must be screened £rom view. All other requirements of the Restricted-Commercial zoning have been met. Staff concludes that the site plan meets the intent of the goals and objectives of the Fruitdale Valley Master Plan for residential scale and increased landscaping. V. SUBDIVISION DESIGN Proposed lot sizes are .71 acre and .67 acre for Lots 1 and 2, respectively. An approximate 1900 square £oot tract on Lot.2 has been excepted for a metering device for the metro sewer district. The sale of this parcel has already occurred, therefore it is not apart of the subdivision. Xenon Street and West 42nd Avenue both have 50 ,feet of right-of-way, therefore, no additional dedications are required except for a 15- foot triangle at the intersection for a corner radius. A cross-access easement between Lots 1 and 2 has been provided in accordance with Staff's recommendation. ~. City Council Staf£ Report Page 7 Case No. WZ-94-1/MS-94-1 All other requirements of the Subdivision Regulations have been met, except a few minor legal description errors. VI. AGENCY REFERRALS All agencies can serve with certain improvements. Public Works will require a drainage plan and report and a street right-of-way dedication for the corner radius. An escrow will be required for the cost of half-width improvements to West 42nd Avenue in front of both Lots 1 and 2, which the City will construct next year. The developer will be responsible for the installation of curb, gutter and sidewalk and patching of Xenon Street. VII. A meeting for neighborhood input was held on February 1, 1994. Those attending were: Meredith Reckert, City Staff George Johnston, owner/applicant Linda & Cal Cummings, applicant Evangeline & Ralph Mangone, 2781 Berry Lane Homer Murphy, 12700 West 42nd Avenue Kathryn Murphy, 12710 West 42nd Avenue Concerns expressed by neighboring residents are-that they don't. want commercial intrusion into this primarily residential area and that they don't want to have to participate in the cost of paving West 42nd Avenue. They are afraid that the paving of 42nd Avenue will encourage speeding and cut-through traffic trying to--avoid the 44th/YOUngfield intersection. They. indicated that there-are no speed limit signs and not enough enforcement of speeders. in the area. VIII. PLANNING COMMISSION ACTION Planning Commission reviewed these requests at a public hearing held on April 7, 1994. A recommendation of Approval was made for-the subdivision plat for the following reasons: 1. It would allow the sale of .the eastern portion of the property. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. Legal description problems be taken care of on the plat; 2. The cross-access easement be shown graphically on the plat; and City Council Staff Report Page 8 Case No. WZ-94-1/MS-94-1 3. A 15-foot triangle at the corner of Xenon Street and West 42nd Avenue be dedicated as right-of-way. 4. Commission would instruct staff to work with police and public works and take appropriate action once the street is paved to address the neighborhood's concerns regarding the control of traffic. In regard to Case No. WZ-94-1, a recommendation of Approval was made for the following reasons: 1. The property is located within the City of Wheat Ridge and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 2. Some of the land use in the area is semi-commercial in nature, therefore, there is compatibility. 3: It is in conformance with the Comprehensive Plan. 4. The evaluation criteria support approval. 5. Restricted-Commercial uses would be more compatible to the present existing uses than allowed uses under Agricultural-Two zoning. Subsequent to the Planning Commission hearing the western parcel (Lot 2) was removed from the rezoning request. If only the eastern half of the property is rezoned, Council Bill No. will have to be amended in accordance with Exhibit 'A'. IX. STAFF CONCLUSIONS In regard to-the lot size variance, Staff concludes that the evaluation criteria do not support approval of. this request. For this reason, a recommendation of Denial is given for the A-2 lot size variance. Regarding the request to rezone, Staff concludes that some of the land use in the area is already semi-commercial in nature. Staff further concludes that the proposed rezoning to R-C. would be in-conformance with the Comprehensive Plan and that, in general, the criteria used to evaluate a rezoning support this request. In regard to the site plan for Lot 1, Staff concludes that the proposed development is residential in scale, has a larger amount of landscaping than usually required and could provide a transition between the neighborhood to the east/northeast and potential, more intensive commercial use along Youngfield. If the building is ever expanded to full build-out, additional parking will be required. Based on the conclusions stated above, a recommendation of approval is given for the rezoning of the entire parcel and the site plan for Lot 1 with the following conditions: City Council Staff Report Page 9 Case No. WZ-94-1/MS-94-1 1. The entire property be rezoned and the applicant pursue a separate Special Use Permit for the nursery; and 2. Additional parking be provided if full build-out on Lot 1 occurs. In regard to the subdivision plat, Staff concludes that all requirements of the Subdivision Regulations have been met with the exception of some minor legal description problems. However, Sta££ already concluded that the lot size variance request is not supported by the evaluation criteria. Therefore, recommendation of approval is given with the condition that the subdivision plat be Approved only i£ the entire 1.382 acres is rezoned to Restricted-Commercial. X. RECOMMENDED MOTIONS: #1 Variance: OPTION A: "I move that the request for approval of a lot size variance in an A-2 zone district be Denied for the following reasons: 1. There is no physical hardship; 2. Circumstances are not unique, it is simply a matter of convenience for the applicant; and 3. The evaluation criteria do not support approval of this request." OPTION B: "I move that the request for approval of a lot size variance in an A-2 zone district be Approved for the following reasons: 1. 2. 3. " #2 Rezoning OPTION A: "I move that Case No. WZ-94-1, a request for approval o£ a rezoning from Agricultural-Two to Restricted Commercial for property located at 4217 Xenon Street, be Approved for the following reasons: 1. Some of the land use in the area is semi-commercial in nature, therefore, .there is compatibility. 2. It is in conformance with the Comprehensive Plan. 3. The evaluation criteria support approval. With the following condition: 1. The property be developed in accordance with the submitted site plan; and 2. Additional parking be provided if full build-out occurs on Lot 1. OPTION B: "I move that Case No. uTZ-94-1, a request for approval o£ a rezoning from Agricultural-Two to Restricted Commercial for property located at 4217 Xenon Street, be Denied for the following reasons: • City Council Staff Report Case No. WZ-94-1/MS-94-1 1. 2. 3. " #3 Minor Subdivision Page 10 OPTION A: "I move that Case No. MS-94-1, a request for approval of a two-lot minor subdivision, for property located at-4217 Xenon Street, be Approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. Minor legal description errors be corrected." OPTION B: "I move that Case No. MS-94-1, a request for approval of a two-lot minor subdivision for property located at 4217 Xenon Street, be Denied for the following reasons: 1. 2. 3. " <pc>srwz941/ms941 S ~~ y ° F CITY COUNCIL MINUTES: June 13, 1994 Page -7- Motion by Mrs. 'w'orth to continue this meeting until Thursday at 7:00 p.m. Mr. Middaugh stated that Planning Commission meets in Council Chambers on Thursday night. Motion by Mr. Edwards to move Item 3. up, to be heard now; seconded by Mr. Solano; carried 8-0. Item 3. Council Bill No. 55 - An Ordinance providing for the approval of rezoning from Agricultural-Two to Restricted Commercial on :M._r, land located at 4217 Xenon Street, City of Wheat Ridge, County of Jefferson, State of Colorado. ''=z ( (George Johnston) Council Bill 55 was introduced on second reading by Mr. Hall; title read by the Clerk; Ordinance No. 969 assigned. Meredith Reckert explained that this is a threefold request: Approval of rezoning from .A-2 to R-C. with site plan approval; approval of a variance to lot size; and approval of a two-lot subdivision. Each request will need a separate motion. She then presented the staff report. George Johnston, 122 Pine Ridge Road, Evergreen, applicant, was sworn in by the P7ayor; he explained his reason for wanting to proceed with his variance as presented. Variance Motian by Mr. Hall that the request for approval of a lot size variance in an A-2 zone district be denied for the following reasons: 1. There is no physical hardship; 2. Circumstances are not unique, it is simply a matter of convenience for the applicant; and 3. The evaluation criteria .9o not support approval of this request; seconded by Mr. Solano; carried 5-2 with h1rs. Fields and Mr. Eafanti voting No. Nezoning Motion by htr. Hall that Case No. WZ-94-1, a request for approval of a rezoning from=Agricultural-Two to Restricted Commercial for property located at-4217 Xenon Street, be approved for the fallowing reasons: 1. Some of the land use in the area is semi-commercial in nature, therefore, there is compatibility. 2. It is in conformance with the Comprehensive Plan. 3. The evaluation criteria support approval. With the following conditions: 1. The property be developed in accordance with th submitted site plan; and 2. Additional parking be provided if full build-out occurs on Lot 1; seconded by Mr. Solano;~carried 7-1 with Mrs. Fields voting no. ,. ,•. • CITY COUNCIL MINUTES: June 13, 1994 Page -8- Minor Subdivision Motion by Mr. Solano that Case No. MS-94-1, a request for approval of a two-lot minor subdivision, for property located at 4217 Xenon Street, be approved for the following reason: 1. All requirements of the Subdivision Regulations have been met. With the following condition: Minor legal description errors be corrected; seconded by Mr. Solano; carried 8-0. Item 2. Council Bill 48 - An Ordinance amending the Zoning Ordinance of the Cade of Laws of the City of Wheat Ridge relating to ~ _ ,, Council Bill 48 was introduced an second reading by"`M' Edwards, who also read the title. Ordinance No. 970 was assigned by the Clerk. Motion by Mr. Edwards for the adopticn of Council Bill 48 (Ordinance 97~-seconded by Ptr. Solano; carried 8-C. Item 4. Council 5111 No. 58 - An Ordinance regulating the possession of drug injection deviaes and possession, sale, manufacture, delivery, or advertisement cf drug paraphernalia. Council Bill 58 was introduced an second reading by Mr. Edwards, who also read the title. Ordinance PIo. 971 was assigned by the Clerk. Motion by Mr. Edwards far the adoption of Council Bill 58 (Ordinance No. 971 with the correction in Section 16-132 after the word ..veterinarians "ar persons who lawfully utilize injection devices for the sole purpose of providing medical treatment to their pets or. livestock"; seconded by Mr. Solano; carried 8-0. ORDINANCES ON FIRST READING Item 6. Council Bill 60 - An Ordinance providing for the approval of rezcning from Agricultural-One (A-1) and Residential-Two (R-2) to Planned Commercial Uevelopment (PCD) and for the approval of an outline and final develcpment plan on land located at 4650 Kipling Street, City of Wheat Ridge, County of Jefferson, State of-Cnlorada. (Case i1o. WZ-94-2) (Johnny Ketelson Recreation Vehicles) Council Bi11 60 was introduced by Mr. Hall on first reading; title read by the Clerk. Motion by Mr. Hall that Council Bill 60 be approved on first reading, ordered published, public hearing be set for Monday,gJuly 11, 1994roved at 7:00 p.m. in City Cauneil Chambers, Municipal Bld and if app on second reading, take effect 15 days after final publication; seconded by Mr. Solano; carried 8-0. 7500 WEST 29TH AVENUE - - -- ThB Clty Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 X303) 234-5900 ~L ea~ City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge July 29, 1994 Mr. George Johnston 122 Pine Ridge Road Evergreen CO 80439 Dear George: Please be advised that your request for a rezoning and for a two-lot minor subdivision from Agricultural-Two to Restricted-Commercial pursuant to Case No. WZ-94-1/MS-94-1 for property located at 4217 Xenon Street was approved by City Council on June 13, 1994 . Conditions of the approval were as follows: See attached Ordinance #969. Attached you will find a copy of Ordinance No. 969. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, ~~a,la~ ~~~~ Meredith Reckert 1 Planner attachment <pc>formletapp ti Iteryr(eol Paper' 1, Ti ~ it I • ! . INTRODUCED BY COUNCIL MEMBER HALL Council Bill ~ 55 ORDINANCE NO. 9.69_ Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-TWO TO RESTRICTED COMMERCIAL ON LAND LOCATED AT 4217 XENON STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1 Upon application by George Johnston for approval of rezoning in Wheat Ridge, Colorado, Ca§e NO. WZ-94-1'and based upon recommendation for approval, with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-Two District and to include in the Restricted Commercial District, the following described land: A part of the southwest one quarter of Section 20, Township 3 south, Range 69 west of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: r Commencing at the point of intersection of the north/south center line of said Section 20 with the center line of West 44th Avenue, thence south 89050'00" west along said center line of west 44th Avenue 567.40 feet, thence south 0032'00" east along the west right of way line of Xenon Street 1054.50 feet to the point of beginning; thence continuing south 0°32'00" east along said west right of way line of Xenon Street 145.45 feet to the north right of way line of West 42nd Avenue; then south 89050'00" west along said north right of way line of west 42nd Avenue 217.22 feet; then north 0032'00" west 30.00 feet; thence south 89050'00" west 63.00 feet; thence south 0032'00" east 30.00 feet to a point on said north right of way line of west 42nd Avenue; thence south 89°50'00" west along said north right of way line 147.00 feet; thence north 0010'00" west 145.55 feet; thence north 89050'00" east 426.25 feet to the Point of Beginning; containing 1.382 acres, more or less. Section 2 Conditions. The development on Lot 1 of Johnston Minor Subdivision shall be in accordance with Exhibit 'A'. No construction shall occur on Lot 2 of Johnston Minor Subdivision until a site plan for development is approved by Planning Commission and City Council. Section Vested Property Rioha is Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of'Section Ordinance No. 969 Series of 1994 Page 2 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby Finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation-of health and safety and for the protection of public. convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to p on this 25th day_of April 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for- June 13 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 13th day of June , 1994. __ SIGNED by the Mayor on this 14th day of June 1994. 1st Publication: May 2nd Publication: June Wheat Ridge Sentinel Effective Date: June <pc>ordwz941 P . _ .G ZtL~~ ~" Wanda Sang, CI C~ K 3, 1994 21, 1994 13, 1994 ~~ Dan Wilde, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY ~"cH-CPL,,( / Kathryn Schroeder,-CITY AT 07 RNEY Wheat Ridge Planning and Development Department C Tii w/,'z~ Date: s2~13 1~ /.~c /a/Jrs Attending Applicant: ~i Eofdc J'Cn,.,~ res Address/Phone: L/vo-S~ ~ Attending Owner: SHm~ Address/Phone: - __. Attending Staff : _ ~/yJgl2-rnv /j»f zti oF*~+~(Qc C+ J~o3 yQ~Nc,~~l~ ~ E 4~z ~`' N ~ cu~.v~, Address or Specific._Site Location: _ _ _ _ _ Existing Zoning-: ~-L `G' .`'~<- Existing Comp. Plan: Applicant/Owner Preliminary Proposal/: (~/PN~S ("Lfc^r~- ~ C-f ~2 .S',-vii,//£2 C-avrrM f~c,~~( ci5 ~2S. ~S~~,z.7 ~.J ~J ,2Nr/ ,y. ~-~, ISr~°-7 ~oi.~.4 /{ac4 Oat X12 r'~ i.v ~7k .2N^, ~/BSc ~ioiNL NC2rM. ~pi~ a +on( )- * Building Permit Only l_id m Subdivision Regulations * one Chang - _ - ~-~~* Planned Unit Development -_ * Amended Plat ~ -"~ * Variance ~ - ~- ~* General _Dev. Pla Plat Map j * Sign Permit * Exemption from P1 g_-~' * Temporary~Use Permit * Conditional Use Permit. - * Special Use Permit. nrh r R ~ van Tas+ s• Pl annina I?~part • P +bi ~ ~ c Wo.~ ` / Build=n4~p-~ Easements .Easements / - Water/Sewer. ___- _ - Setbacks - _ _ - Road/Transportation / Soils ROW / .Height _ Height Drainage/Erosion ~- Flood Plain - Control -_ Landscaping Flood Plain _ -__ Parking Traffic _~/ __ Schools - ..Street Vacation. _ _ ~^' Iwn SIIb^'aRY AND STAFF RECONASEATDATrON (S) : USS/~S/~ C~~G~ ~co~G~'fL~ W 14-a~ ,A~C~ 7/'<- ~~r_~S<<~31~ lml'°c--5 ~~/~~-. cvaTl'f' /~`y sb,7 <Sf ---~'/?i~U.er /.J~PGD f}i~PCic.4~c~'yl '~/a(k w/~2~~i]i /lf~.L„I{r:?f~ C/tiS~ uENw. cable:' Unfavorable: Planner's Initialsa~ ~ ~ Applicant's Initials: ~'S~ __ - ~-- - ~- - - *ALTHOIIGH STAFF REACTION) MAY SE FAVORAHLE AT THE TIME OF PRE-APPLICATION MEETING, THE FINAL RHCOMMENDATION MAY CHANGE DUE TO INFORMATION UNAVAILAHLE TO THE STAFF OR APPLICANT AT THE PRE-APPLICATION MEHTING. - HLI.Vttu L'll ut nNo. OU'"Y OF JEFFERSON ed at o',..,.:k- ~- n. i A, _ OF COLORADO RECEPTION N0. 96•'104047 09/04/86 ~~09:20 -9.SO ~' u a WARRANTY DEED THIS DEED, Made this 2nd day of September ~ 19 86 between SAMUEL F. FLOHR of the "County of Jefferson and State of Colorado, grantor(s), and GEORGE S. JOHNSTON and LINDA M. JOHNSTON whose legal address is 122 Pine Ridge Road, Evergreen, Colorado 80439 _ RECORDER'S STAMP of the County of Jefferson and Stale of Colorado, grantees: WITNESS, [tier the granrot(s), for and w mnsidemdon of the sum of Sixty-five Thousand-------- DOLLARS. the mceipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do es grant.bargain,sell, convry and confirm unto the gran[ees.the'u heirs andassigns forevea not in tenancy in rnmmon but in joint tenancy, all [he teat progeny together with imptwemen[s, if any, situate, lying and being in [he County of Jefferson and State of Colorado, described as follows: That part of the Southwest One-quarter (SW/4) of Section 20, Tovmship 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, desribed as follows: Commencing at a point established by County Survey as the intersection of the North South Centerline of said Section 20 with Centerline of West 44th Avenue; running thence 589°50'W, 567.4 feet; thence 500'32' E, 1054.5 feet more or less to the TRUE POINT OF BEGINNING; thence running 589°50'w, 426.25 feet; thence running 500°10'E, 145.55 feet; thence N69°50'E, 427.22 feet; thence running N00°32'W, 145.55 feet; fiore cz less to the POINT OF BEGINNING, together with 1 1/2 inches of water from Bayou ditchi' provided however that party of the first part makes no warranty also known by street and number as concerning the i fence of said water right. vacant Lana i6,ww.~:«as k.asas R. SIa~For D:ldv~ ~~~ ~m~ TOGETHER with all and singular the heredimments and appu efiances there nto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the heredi[aments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantees. [heir hefts and assigns forever. And the grantor(s), for himsel f his heirs and personal representatives do es covenant. grant, bargain and aeree to and with the grantees, the'¢ heirs and assigns, the[ at the time of the entealing and delivery of these presents well seized of the premises above conveyed,has good,sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good right. full powerandlawful authoriryto grant. bargain. sell and convry [he samein manner and form aforesaid, and that [he same are free and clear from all former and other grants, bargains, safes, liens, razes, assessments, encumbrances and restrictions of whatever kind or nature seever, except taxes and assessments due and payable subsequent to date hereof and easements, restrictions, rights-of- way and covenants of record, if any. and the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any pan thereof, the grantor(s) shalt and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the grantor(s) has executed this deed on the date set forth above. O ,r .x~~/ _-_ - -~ '~SAMDEL F. FLOHR STATE OF COLORADO ss. County of The foregoing instrument was acknowledged before me in the County of ,Stale of Ct¢laudo.abj¢ day of , 19 , by SAMUEL F. FLOHR { ''~ `' Witness my hand and official seal. 19 i ~ i ~;; ~ ~ ~ ; . , res on exp My commiu R1iy CDr,.mission Expires Oct. 3, t6Fag 2 `~jQ ~~l _ ~ "90 tinten G1vd.. Snits 360 : ' = tas.ac~d, Colorado 20228 _ 0 : ~ ~IrEL` ~ ): N°utY NhG[ UU YY ~~.~. ... +'``C`~ ACQas 'If in Denver, insert "City and:' NO.92l. R¢v. 2-84. WARRAMYDEED (Ia J°Nt'Iknvnul arutlf°N PUblishing.5625 W.WAw..lakc+ooC. C080a<-taoai na~asoo )'a< • 'O T 9 Q V 9 ~~ ti a F O W W F A z ~ z a C $ ~ a _T ~ 6 9 a m z `~ F 6 W a F C `o< U T m a w = i y a Y v G Qi ,~yy z W O ~ ~. ~ E `~ 2 ~ F V dJ T a ~ v 9 " o o O z W I\ ~- o $ a~ ~ ~ ~ ~Ny oQ + 9 V 0 ` N w 2 j ~ ~' w ~ ~ ~ ~ s • NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING IS PROPOSING A REZONING FROM ON PROPERTY LOCATED AT 4217 Xemn St Vacant land at Nf4 corner of W. 42nd & Xemn. THE LOCATION OF THIS MEETING IS Country Cafe - 3291 Youngfiel Service Rd. THE TIME AND DATE FOR THIS MEETING IS February 1st (TUes) 6:30 p-m.. THE PURPOSE FOR THIS PROPOSAL,IS A small one story 3,200 SF The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 £eet and invite them to a Neighborhood Input Meeting. The purpose £or this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. if you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: * Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? * Where will the storm drainage go? " * How will the project be designed to enhance rather than detract from the neighborhood? * What specific changes can be made in the proposal to make it more acceptable to me? After attending the Neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. PRINT NAME ADDRESS PHONE <pc>notice/neighborhoodmtg/zk N~1GN3oR~oDO ~VT' I"ti~TINV ~i Feb. 1~ iq,~4 Why!- (2.:~e. ~ G~~.ovadZo A~'er~i rQ-~vess -. 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